Los Angeles daily herald., 1887-03-24
PROCLAMATION |!
STA E OF CALIFORNIA, }
EXECUTIVE DEPARTMENT, :
QArpAMENTo MaIrh 16 1887 }

SACRAMEN1O, MdlCu lOs 1cof.'
WHEREAS, the Legislature of the State of
California, at Its twenty-seventh session. be-
ginning on the third day of January, A. D.
eighteen hundred and eighty-seven, two
thirds of all the members elected to each of
the two Houses of laid Legislature voting in
favor thereof, proposed the following de-
scribed amendments to the Constitution Of
the State of California. to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment.
Resolred, That the Legislature of the State
of California, al its regular session, COM
mencing on the third day of January, A. d.
eighteen hundred and eighty seven, two.
the Houses OF said Legislature vo ing In ia
vor thereof, hereby propose that sec ions
two and three of article vi. OF the Constitu-
tion of said Sta.e be amended to read as
follows:
sist of seven Justices. The Associate Jus
tices of the Supreme Court, in office at the
time of the adoption OF this amendment to
the Constitution are hereby continued in
office as Justices OF the Supreme Court for
were respectively elected. The Justices
shall elect one of their number 10 be Chief
Ju, tice, and he shall hold the office OF Chief
Jus ice of said court for a term OF two
years At the expiration of the term of the
Chief Justice first elected, and every two
years thereafter the Justices shall elect a
Chief Justsce for like term of two years.
An entry of the election OF such Chief Jus
tice shall be made In the m nutes OF the
court and signed by four Justices. When
ever thereafter vacancy occurs in the of
fee of Chief Justice, a like election shall
be had to tll such Office for the unexpired
term. 1he Supreme Court may sit in de-
partments or In bank, and shall always be
open for the transaction of business There
sna be two departments, denominated. re
spectively, Department One and department
Two. The Chief Justice shall assign three
of the Justices to each department, and
.uch assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department., and
may interc mango with esch other by agree
ment among thems elves or as ordered by
the Chief Justice Each of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank. The
presence of three Justices shall be necessary
to transact any business in either of the de.
partments, except such as may he done at
chambers, and the concurrence OF two Jus
tices shall he necessary to pronounce q
judgment The Chief ] ustice shall apporlion
the business to the Departments and m y,
In his discretion, order any cause pendiny
before the Court to be heard ana decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
department.; but wDere cause has been al
lotted to Cne of the departments, and judg-
ment pronounced therein, the order mus
be made within thirty days after such judg-
ment and concurred in by twoJ Justices. and II
so made 1t shall have the effect to vacate and
set aside the judgment Any four Justices
may, eth. before or after judgment by
department, order case to be heard in
bank. If the order be not made wit in the
time above limited, the judgment shall be
final. No judgment by department shall
become final until the expiration of the
proved by the Chief Justice. in writing,
with the concurrence Of two Justices. The
Chief Justice may conve1e the Court In
hank at any time, and shall be the presiding
Justice of the Court when so convened. The
concurrence OF tour Justices present at the
argument shall be necessary to pronounce a
| Judgment in bank but If four Justices, so
| present, do not concur in Judgment then
| nll the Justices qualified to sit in the cause
shall hear the argument; but 10 render a
Judgment a concurrence of four Judges
shall be necessary. In the determination
of causes all decisions of the Court in
bank, or in departments, shall be given
in writing and the grounds Of the decision
in either department., and shall preside
when SO sitting, but the Justices assigned
to each department shall select one of their
number as presiding Justice. In case Of
the absence of the Chief Justice from the
pl zee at which the court is held, or his ina
bility to act the Associate Justices shall Sc
lect one of the own number to perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
biiity to act. The Supreme Court Commits
zion. created by the act OF the Legislature,
approved March twelfth, eighteen hundred
and eighty-five, shall continu and be Su
preme Court Commission for four years af-
ter the adoption of this amendment. Said
commission may be continued for such
time thereaft r as may be fixed by an act
passed by vote of two-thirds OF the elected
members of each House OF the Legislature,
and approved by the Governor. The men,
bers thereof and Secretary shall be ap-
pointed as In said act provided; and such
commissioners shall be subject to removal
in like manner as the Judges of the Su-
preme Court. Said commission shall have
The same power to hear and determine
causes possessed by a department OF the
Supreme Court, and causes may be assigned
10 the commission In the same manner they
are assigned to department, and after de-
,ision they may be ordered hearo In Dank
IN the same way, and with like restrictions
Is If deci ed in department. The ludg.
nents Of the commission shall be entered
q the judgments of the court. The com. |
mission shall sit at such times and places as |
nay be designated by the court but such |
ON missionsrs shall not exercise any
udiciai functions except when assem-
led as a commission. and then they
hall only have power to hear and deter.
nine such causes as may have been assigned
0 them.
Section 8. The Justices of the Supreme
.ourt shall be elected by the qualified
lectors OF the State at large. at the general
tate elections and the times and places At
vhioh State ofhcers are elected; and the
erm Of once shall be Twelve year4from